Question

Topic: Taglines/Names

Desperately Need A New Company Name

Posted by Anonymous on 8/12/2009 at 11:17 AM ET 350 Points
Hi all, my name is Devon and I've posted on here once before looking for a tag line for my business. I am a 27 year old aspiring entrepreneur and just this week my hopes were dashed when my trademark application was initially rejected. I have spent a great deal of money and time on labels, hang tags, business cards, etc. and manufacturing products from my basement. My company and the name under scrutiny is "Enchanted Body and Soul". I am going to make the case for my name in a response to the uspto and if that doesn't work...I'll ask the owner of the trademark they claim I'm in conflict with permission to keep my name. I've always believed in the boy scout motto and I want to be prepared in the event I do not prevail with the aforementioned tactics.
At this point my creative juices have been drained and I desperately need help creating a new brand.
What I sell:
1) Soy Candles
2) Bath and Body Products (lotions, creams, bath salts, lip balms, perfumes, body sprays, etc.)
3) Health and Personal care products (nutrition pills, internal cleansers, etc.

I know it's asking a lot but I would like the name to invoke feelings of bliss and ecstasy. (well not so much ecstasy...lol)


I really appreciate everyone' s help and I thank you for reading my long question. Please let me know if you need additional info.

-Devon L.
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RESPONSES

  • Posted by FireUps on 8/12/2009 at 11:22 AM Member
    elotion.com - emotion lotion
  • Posted on 8/12/2009 at 11:39 AM Author
    hmmn, not a big fan of the elotion. It sounds like it would limit my brand to lotion products.

    I should mention that I also own the domain...

    ebodyandsoul.com

    What if I were to just use that as my company name
    and add a tag line to explain what the 'e' stands for?
    For the candles..enchanting and/or enlightening. For lip gloss...enticing. For body creams...enriching. This could just be me trying to limit my losses by keeping the domain btw. You guys are the professionals though.
  • Posted on 8/12/2009 at 1:54 PM Author
    Question: Did the letter from the trademark office say "Office Action"?

    Hey Andy, the letter did say office action. My company is Enchanted Body and Soul and I make scented candles among other things. There is a registered trademark for "Enchanted Candles", which I was told conflicts with my name. Something about confusing a purchaser with the "Enchanted" portion. I will have a friend who is a paralegal reply to the ofice action. I really don't want to pay an arm and a leg if there's a chance it could be rejected. I will make my case for it. However, I don't have a second to lose as I already have vendors lined up to sell my products. If i need to change the name I want to be able to do it asap. I really appreciate you looking into it for me.

    -Devon
  • Posted by Jay Hamilton-Roth on 8/13/2009 at 9:54 AM Member
    Charmed Body and Soul
    Body and Soul Care
    EnchantMe Body and Soul
  • Posted on 8/13/2009 at 10:01 AM Accepted
    My suggestion would be to use the domain name as your company name and simply add a tagline to explain the "e." I am concerned that you may be over-thinking this. You could probably even use all your printed materials until they run out, rather than scrapping them and reprinting.

    The worst thing that could happen is that you get a cease and desist letter from the company that owns "Enchanted Candles," in which case you simply ... well, cease and desist. You can always reprint then. Of course, you shouldn't actively print any more materials with the "Enchanted" word, but you can probably use whatever you have on hand.

    I should caution that I am not an attorney and this is not legal advice. I'm simply trying to help with a practical solution that has a decent chance of getting you through the current crisis. Remember that you are not liable for any damages unless someone can actually prove that your use of the conflicting mark actually caused confusion and real damages. Not very likely, and certainly a reasonable business risk. It's not like you'll end up in jail.
  • Posted by NovaHammer on 8/13/2009 at 1:55 PM Accepted
    Still looking for a new name?

    Comfort and Soy.

    Our brains are already familiar with Comfort and Joy so you get extra milage from that blissful phrase but some intrique using Soy, the number 1. product you listed.

    GoodLuck.
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